Illinois DUI Field Sobriety Tests

Reader’s Question:

A friend of mine is suffering from vertigo which is a type of dizziness. He was arrested for DUI in Illinois and failed the field sobriety tests. My assumption is that he cannot perform the tests well because of his health problem. Can he actually use this as a defense?

Warren

Decatur, IL

The walk and turn and the one leg stand are two of the three Standardized Field Sobriety Tests (SFST’s) which are premised on the assumption that people who are not under the influence of alcohol or drugs can perform the tests satisfactorily. But a lot of people do not have particularly good balance and there are also those who suffer from a balance disorder.

An individual has difficulty maintaining orientation when balance is impaired. An example is that the individual may experience the “room spinning” and may not be able to walk without staggering or may not even be able to arise. A symptom which a person with a balance disorder may experience a sensation of dizziness or vertigo. Some reactions to this symptom are depression, decreased concentration and fatigue. This symptom may last for a longer period of time or appear and disappear over short time periods. Since vertigo is usually associated with a problem in the inner ear balance mechanisms, this may greatly affect the results of walk and turn and one leg stand. Thus, your friend can use that as a defense in his DUI charge in Decatur, Illinois.

Illinois DUI Record Expungement

Reader’s Question:

My brother has a DUI conviction in Illinois and I have been doing several researches about the DUI state laws. I came across some information about clearing a DUI record. Is it true that he can have this DUI conviction completely erased?

Nadine

Schaumburg, IL

Your brother’s DUI conviction in  Illinois does not have to haunt him for a lifetime. In fact, he can expunge his criminal records, remove all his record of a past arrest and he can move on with his life and put those past transgressions behind him.

Your brother can obtain an expungement after he has completed supervision, and waited for the obligatory statutory period of time to expire. When this occurs, his DUI lawyer can file a petition with the State’s Attorney, the clerk’s office, the local arresting agency, and the State Police stating that he intends to expunge his arrest records. The police will have the opportunity to present any objections they may have to the court, and the court can either deny or grant the petition. In the event the court denies his petition, he can appeal to a higher court. One more thing is that the only way to get a conviction off of his record is to petition for executive clemency. His DUI lawyer should have experience in executive clemency and will petition the Governor’s office through the Illinois Prison Review Board. Clemency does not erase the crime, though, rather it simply forgives it, so that the conviction may no longer be used against him.